BLIND RIVER -- In a civil lawsuit making its way through the Superior Court of Justice, the owner of a Tim Hortons in Blind River is denying that a woman suffered serious burns from a coffee that spilled on her lap in the drive-thru lane — and if she did, it was due to her own negligence.
As first reported here, Susan Niganobe launched an $850,000 lawsuit against the standalone Blind River Tim Hortons location, claiming to suffer from anxiety, panic attacks and emotional trauma as a result of the incident, as well as depression, sleep disruption and emotional distress for the incident that allegedly occurred on June 24, 2021.
The Mississauga First Nation woman was 71 when she filed her statement of claim in August 2022 and she is requesting that the case be tried in Sault Ste. Marie.
After pulling up to the drive-thru window, she claims an employee used a tray to pass her the items. It is alleged that the lid on the hot drink was not secured properly, causing it to spill on her inner thighs.
“As a direct result of this negligence, [Niganobe] suffered a serious burn,” reads the statement of claim. “The defendants failed in their duty of care to safeguard Susan from harm and is exclusively liable for the damages she has suffered.”
In a statement of defence, the Thessalon-based numbered company that operates the Tim Hortons location in question said the defendant denies liability for the incident described in the claim.
“This defendant denies that they were negligent, or that their negligence caused or contributed to the damages being alleged by the plaintiff,” reads the statement of defence, filed last August.
If the injuries described in the claim occurred, the owner argues, it was due to the careless way the plaintiff handled the cup or "a pre-existing condition."
“This Defendant pleads that the damages, as alleged by the Plaintiff, are excessive, exaggerated and too remote,” the statement of defence reads.
The Hortons owner is asking that the claim be dismissed and is seeking court costs from the plaintiff.
There is currently no date set for trial.
SooToday.com
